[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Proposed Rules]
[Pages 8994-8997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03256]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0073]
RIN 1625-AA00


Special Local Regulations; Annual Events in Captain of the Port 
Delaware Bay Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish special local 
regulations for four annual marine events in the Captain of the Port 
(COTP), Delaware Bay Zone. This action is necessary to protect 
participants, spectators, and vessels from the hazards associated with 
the varying types of marine events. This proposed rulemaking would 
prohibit persons and vessels from being in the regulated areas during 
the enforcement period unless authorized by the COTP or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 21, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0073 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email MST1 Jennifer Padilla, Waterways 
Management Division, Sector Delaware Bay, U.S. Coast Guard; telephone 
(215) 271-4889, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Marine events are held on a recurring basis on the navigable waters 
within the Captain of the Port, Delaware Bay Zone. Historically, the 
Coast Guard established annual temporary final regulations for each of 
these recurring events.
    This proposed rule would consistently inform the public in a timely 
manner through permanent publication in Title 33 of the Code of Federal 
Regulations. This proposed rule would add recurring marine events 
requiring a special local regulation to 33 CFR 100.501 Table 1 to 
Paragraph (i)(1) Sector Deleware Bay COTP Zone.
    By establishing permanent regulations containing these marine 
events, the Coast Guard would eliminate the need to establish temporary 
rules for events that occur on an annual basis and thereby limit the 
costs associated with cumulative regulations. Adding descriptions of 
these marine events and their timeframes to the CFR would provide 
greater notice to the public about the reoccurring events and better 
meet the Coast Guard's intended purpose of ensuring safety during these 
events. The Coast Guard proposes this rulemaking under authority in 46 
U.S.C. 70034. This proposed rulemaking would prohibit persons and 
vessels from being

[[Page 8995]]

in the regulated areas during an enforcement period unless authorized 
by the COTP or a designated representative. We invite your comments on 
this proposed rulemaking.

III. Discussion of Proposed Rule

    The Coast Guard is proposing to add four reoccurring special local 
regulations for annual marine events in the Captain of the Port 
Delaware Bay to 33 CFR 100.501 in Table 1 to Paragraph (i)(1). The 
Coast Guard will publish annual notice of the exact dates and times of 
the effective periods of the regulations. For each event, the notices 
will also provide the geographical description of each regulated area 
and other pertinent details concerning the nature of the events. This 
proposed rule is necessary to protect participants, spectators, and 
vessels from the hazards associated with the varying types of marine 
events. During the enforcement periods of these special local 
regulations, non-participant persons or vessels would be prohibited 
from entering into, remaining within, transiting through, or anchoring 
in the regulated area unless authorized by the Captain of the Port 
Delaware Bay or a designated representative of the Captain of the Port. 
The regulatory text we are proposing appears at the end of this 
document.
    Below is a description of the four reoccurring marine events we 
propose to add to Table 1 to Paragraph (i)(1) in 100.501.

1. Stockton Boat Race

    This marine event would occur one weekend in March or April 
annually. The event would be in Atlantic City, NJ, where the following 
area makes up the regulated area: All navigable waters of the New 
Jersey Intracoastal Waterway in Atlantic City, NJ, within the polygon 
bounded by the following: Originating on the southwest portion at 
approximate position latitude 39[deg]20'57'' N, longitude 
074[deg]27'59'' W; thence northeasterly along the shoreline to latitude 
39[deg]21'35'' N, longitude 074[deg]27'06'' W; thence east across the 
mouth of Beach Thorofare to the shoreline at latitude 39[deg]21'41'' N, 
longitude 074[deg]26'55'' W; thence east along the shoreline to 
latitude 39[deg]21'42'' N, longitude 074[deg]26'51'' W; thence 
southeast across the New Jersey Intracoastal Waterway to the shoreline 
at latitude 39[deg]21'43'' N, longitude 074[deg]26'41'' W; thence 
southwest along the shoreline to approximate position latitude 
39[deg]20'55'' N, longitude 074[deg]27'57'' W; thence north to the 
point of origin. The sponsor is Stockton University.

2. Escape the Cape Swim

    This marine event would take place on one Saturday or Sunday in 
June. The regulated area would be in Lower Township, NJ in the 
following area: All navigable waters of the Delaware Bay in Lower 
Township, NJ, bounded by a line drawn from: Latitude 39[deg]0'57'' N, 
longitude 074[deg]56'56'' W in Villas, NJ, thence west to latitude 
39[deg]00'59'' N, longitude 074[deg]57'15'' W, thence south to latitude 
38[deg]58'08'' N, longitude 074[deg]58'11'' W, thence east to latitude 
38[deg]58'04'' N, longitude 074[deg]57'52'' W in North Cape May, NJ, 
thence north along the shoreline to the point of origin. The sponsor is 
DelMoSports.

3. Around the Island Paddle

    This marine event would occur on one Saturday or Sunday in June, 
July or August. The proposed regulated area location is in Cape May 
County, NJ. The following area would be a moving regulated area: All 
waters within 50 yards in front of the lead safety vessel preceding the 
first event participants, to 50 yards behind the safety vessel trailing 
the last event participants, and 100 yards on either side of 
participant and safety vessels during the event. The regulated area 
will move with the safety vessels and participants as they transit the 
waters east through Cape May Harbor, south through Cape May Inlet, west 
through the Atlantic Ocean, north through the Delaware Bay, then east 
through Cape May Canal, and terminate at the Lost Fishermen's Memorial 
in Cape May Harbor. The regulated area will move at the pace of event 
patrol vessels and participants. The sponsor is the Desatnick 
Foundation.

4. Manasquan Inlet Intracoastal Tug

    This marine event would occur on one Saturday or Sunday in 
September or October. The location would be Manasquan Inlet, NJ. The 
following area would make up the regulated area: All waters of 
Manasquan Inlet extending 400 feet from either side of the rope located 
between approximate locations latitude 40[deg]06'09'' N, longitude 
74[deg]02'08'' W and latitude 40[deg]06'14'' N, longitude 
74[deg]02'08'' W. The sponsor is the Borough of Manasquan.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders, and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, scope, 
duration, and historical data concerning the scope and potential impact 
of these marine events. The special local regulation areas within this 
proposed rule have been enforced on an annual basis through individual 
temporary final regulations through temporary regulations. The 
regulated areas would be enforced in limited areas on six days out of 
the year, usually for only a few hours on those days. Specifically, the 
Manasquan Inlet Intracoastal Tug often schedules breaks during the 
event to temporarily let vessels pass through the inlet waterway 
entrance. Vessels will be able to contact the COTP for permission to 
transit the regulated areas or instructions for safely transiting 
around the area during enforcement periods.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated areas may be small entities, for the reasons stated in 
section IV.A above, this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 8996]]

Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email the person listed in the 
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves special 
local regulations at various locations and at various times to maintain 
the safety of event participants, spectators, and transitting vessel 
traffic. Normally such actions are categorically excluded from further 
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. We seek any comments or information that 
may lead to the discovery of a significant environmental impact from 
this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0073 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. In Sec.  100.501, amend Table 1 to Paragraph (i)(1) by adding the 
following events after the last entry to read as follows:


Sec.  100.501   Special Local Regulations; Marine Events Within the 
Fifth Coast Guard District.

* * * * *

[[Page 8997]]



                                           Table 1 to Paragraph (i)(1)
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                                                                               Enforcement
             Event                            Regulated area                  period(s) \1\         Sponsor
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                                                  * * * * * * *
Stockton Boat Race............  All navigable waters of the New Jersey      One weekend in     Stockton
                                 Intracoastal Waterway in Atlantic City,     March or April.    University.
                                 NJ, within the polygon bounded by the
                                 following: Originating on the southwest
                                 portion at approximate position latitude
                                 39[deg]20'57'' N, longitude
                                 074[deg]27'59'' W; thence northeasterly
                                 along the shoreline to latitude
                                 39[deg]21'35'' N, longitude
                                 074[deg]27'06'' W; thence east across the
                                 mouth of Beach Thorofare to the shoreline
                                 at latitude 39[deg]21'41'' N, longitude
                                 074[deg]26'55'' W; thence east along the
                                 shoreline to latitude 39[deg]21'42'' N,
                                 longitude 074[deg]26'51'' W; thence
                                 southeast across the New Jersey
                                 Intracoastal Waterway to the shoreline at
                                 latitude 39[deg]21'43'' N, longitude
                                 074[deg]26'41'' W; thence southwest along
                                 the shoreline to approximate position
                                 latitude 39[deg]20'55'' N, longitude
                                 074[deg]27'57'' W; thence north to the
                                 point of origin.
Escape the Cape Swim..........  All navigable waters of the Delaware Bay    One Saturday or    DelMoSports.
                                 in Lower Township, NJ, bounded by a line    Sunday in June.
                                 drawn from: Latitude 39[deg]0'57'' N,
                                 longitude 074[deg]56'56'' W in Villas,
                                 NJ, thence west to latitude
                                 39[deg]00'59'' N, longitude
                                 074[deg]57'15'' W, thence south to
                                 latitude 38[deg]58'08'' N, longitude
                                 074[deg]58'11'' W, thence east to
                                 latitude 38[deg]58'04'' N, longitude
                                 074[deg]57'52'' W in North Cape May, NJ,
                                 thence north along the shoreline to the
                                 point of origin.
Around the Island Paddle......  All waters within 50 yards in front of the  One Saturday or    Desatnick
                                 lead safety vessel preceding the first      Sunday in June,    Foundation.
                                 event participants, to 50 yards behind      July or August.
                                 the safety vessel trailing the last event
                                 participants, and 100 yards on either
                                 side of participant and safety vessels
                                 during the event. The regulated area will
                                 move with the safety vessels and
                                 participants as they transit the waters
                                 east through Cape May Harbor, south
                                 through Cape May Inlet, west through the
                                 Atlantic Ocean, north through the
                                 Delaware Bay, then east through Cape May
                                 Canal, and terminate at the Lost
                                 Fishermen's Memorial in Cape May Harbor.
                                 The regulated area will move at the pace
                                 of event patrol vessels and participants.
Manasquan Inlet Intracoastal    All waters of Manasquan Inlet extending     One Saturday or    Borough of
 Tug.                            400 feet from either side of the rope       Sunday in          Manasquan.
                                 located between approximate locations       September or
                                 latitude 40[deg]06'09'' N, longitude        October.
                                 74[deg]02'08'' W and latitude
                                 40[deg]06'14'' N, longitude
                                 74[deg]02'08'' W.
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\1\ As noted, the enforcement dates and times for each of the listed events in this table are subject to change.
  In the event of a change, or for enforcement periods listed that do not allow a specific date or dates to be
  determined, the Captain of the Port will provide notice to the public by publishing a Notice of Enforcement in
  the Federal Register, as well as, issuing a Broadcast Notice to Mariner.

* * * * *

    Dated: February 10, 2022.
Leon McClain, Jr.,
Captain, U.S. Coast Guard, Alternate Captain of the Port, Delaware Bay.
[FR Doc. 2022-03256 Filed 2-16-22; 8:45 am]
BILLING CODE 9110-04-P


